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Korean law and jurisdiction for Koreans while overseas
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Vagabundo



Joined: 26 Aug 2010

PostPosted: Wed Dec 22, 2010 9:37 pm    Post subject: Korean law and jurisdiction for Koreans while overseas Reply with quote

http://www.koreaherald.com/national/Detail.jsp?newsMLId=20101206000852

I am befuddled.

How can Seoul police go after anyone for a "crime" that was committed outside of their jurisdiction?

crown j's pot intake is the concern of the Atlanta Police Dept, not Seoul's.
(how would Seoul Police actually get their hands on any evidence. btw? outside of an "informer"?)

an even better question are the travails of the Korean celebrity who had gambling debts/issues in Cebu, Phillippines.

Gambling is legal there (at least for foreigners). How can he be fired/prosecuted for a legal act while outside of Korea??

I understand the perversity of "Korean logic" but this one really takes the cake.

Someone explain please.
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redaxe



Joined: 01 Dec 2008

PostPosted: Wed Dec 22, 2010 10:02 pm    Post subject: Re: Korean law and jurisdiction for Koreans while overseas Reply with quote

Vagabundo wrote:

(how would Seoul Police actually get their hands on any evidence. btw? outside of an "informer"?)


Simple, test his urine.

In many countries, simply testing positive for a drug is grounds to charge you with and evidence to convict you of possession and use of that drug.
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Vagabundo



Joined: 26 Aug 2010

PostPosted: Wed Dec 22, 2010 10:05 pm    Post subject: Re: Korean law and jurisdiction for Koreans while overseas Reply with quote

redaxe wrote:
Vagabundo wrote:

(how would Seoul Police actually get their hands on any evidence. btw? outside of an "informer"?)


Simple, test his urine.

In many countries, simply testing positive for a drug is grounds to charge you with and evidence to convict you of possession and use of that drug.


and in what even semi free democratic country can the police ask and receive a urine sample anytime they'd like one?

apart from the basic matter of jurisdiction, once again.
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nathanrutledge



Joined: 01 May 2008
Location: Marakesh

PostPosted: Wed Dec 22, 2010 10:22 pm    Post subject: Reply with quote

The US will go after citizens who travel abroad for sexual exploitation of a child.

We all know that the K government doesn't like drugs, so what's the big surprise?
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SMOE NSET



Joined: 25 Feb 2010
Location: Seoul

PostPosted: Wed Dec 22, 2010 10:36 pm    Post subject: Reply with quote

Don't forget the most recent of events. An actor was just caught bringing in and using PCP (in his own house) by way of the Philippines. Don't know how he was caught though. The drug use was in Korea though so doesn't exactly pertain to your argument.

I have noticed a lot more drug related arrests going on in Korea though. Wonder what caused the sudden surge...
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Drew10



Joined: 31 Mar 2009

PostPosted: Wed Dec 22, 2010 10:52 pm    Post subject: Reply with quote

Kinda like that K-english teacher who went to canada and made a few adult movies. I believe she was prosecuted when she was busted by her student.
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jvalmer



Joined: 06 Jun 2003

PostPosted: Wed Dec 22, 2010 11:11 pm    Post subject: Reply with quote

As someone mentioned, a lot of countries do this, if not all. There have been a few cases of the Americans going after foreign gambling web-site owners who entered US airports, because they allow American customers online.

I do find the application of laws outside of a jurisdiction questionable, considering that all countries give diplomats a free pass.
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Vagabundo



Joined: 26 Aug 2010

PostPosted: Wed Dec 22, 2010 11:25 pm    Post subject: Reply with quote

it's a little different when what you do is agains the law in BOTH countries. Then you can always request extradition (something that the US did with Russian arms dealer Viktor Bout, though its initial legal basis was rejected by Thai Supreme Court)

(and the US tricked/trapped Bout into coming to Thailand).

Personally I think the US has zero jurisdiction over Bout. Perhaps an international UN based tribunal (considering his offense was flouting UN arms embargoes)

It's really complete nonsense (child exploitation , sexual/otherwise is a bad example, the law is consistent in that respect everywhere in the world )

as BS as it is, you can kind of understand when the stakes are very high or it's reallly personal to a govt (e.g. Wikileaks/Assange case)

but typically speaking, govts don't bother their citizens when they are under a different jurisdiction. Ergo, an American citizen can smoke hash in Amsterdam and then go see a prostitute without anyone making a fuss or even being interested in it because it's perfectly legal in the Netherlands.

in the Korean case, this seems drastically different. Drastically different.

and in the casese of drug use and gambling I mentioned BOTH were done outside of Korea..

Crown J's potsmoking supposedly in Atlanta.
and the other guy's gambling in Cebu.
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Vagabundo



Joined: 26 Aug 2010

PostPosted: Wed Dec 22, 2010 11:27 pm    Post subject: Reply with quote

Drew10 wrote:
Kinda like that K-english teacher who went to canada and made a few adult movies. I believe she was prosecuted when she was busted by her student.


more utter nonsense.

prosecuted for WHAT? under what statute?
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interestedinhanguk



Joined: 23 Aug 2010

PostPosted: Thu Dec 23, 2010 12:14 am    Post subject: Reply with quote

Vagabundo wrote:
Drew10 wrote:
Kinda like that K-english teacher who went to canada and made a few adult movies. I believe she was prosecuted when she was busted by her student.


more utter nonsense.

prosecuted for WHAT? under what statute?

http://www.rjkoehler.com/2006/12/01/look-mom-my-hagwon-english-teacher-is-an-overseas-porn-star/

About the thread on the whole, it's up to the government to decide what laws it wants to enforce. If it doesn't want citizens doing certain things, even abroad, so be it. These people were only tried once back in Korea.

Really, the US does it to all of us (citizens). We all have to pay taxes (or file and get the exemption), despite not being in the country.
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earthquakez



Joined: 10 Nov 2010

PostPosted: Thu Dec 23, 2010 2:49 am    Post subject: Reply with quote

I agree completely Vagabundo. I don't think the Korean authorities should in any way be supported for their witchhunt against annoying rappers smoking dope in the US where it is a minor crime or gambling in the Philippines and racking up debts.

Note how Koreans involved in human trafficking (and these are cases where the Korean authorities should be deeply ashamed by the foul reputation Koreans are getting in Asia, the US, and even the UK for it) don't seem to catch the attention of the keystone Korean cops obsessing over smoking some green or gambling? I'd say the rapper and actor didn't offer to pay enough in bribes to certain personnel.

For a society that is always harping on about foreign criminals committing terrible crimes and supposedly coming back to Korea to teach English again they certainly don't want to know about the sick and evil trade Korean nationals ply in humans including children in the rest of the world.
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Milwaukiedave



Joined: 02 Oct 2004
Location: Goseong

PostPosted: Thu Dec 23, 2010 5:09 am    Post subject: Reply with quote

I remember the story about the woman who made the porno. Can't recall her screen name though. It was a long running joke on here for awhile.
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Stones1962



Joined: 26 Nov 2008
Location: Europe/Asia

PostPosted: Thu Dec 23, 2010 5:19 am    Post subject: Reply with quote

Several years ago 2 Korean uni students were busted on their arrival home after bragging about smoking pot in A'dam on their blogs....

Korean law says they have extra-jurisdictional rights over their citizens...right or wrong, it's their law.
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GreenlightmeansGO



Joined: 11 Dec 2006
Location: Daegu

PostPosted: Thu Dec 23, 2010 5:27 am    Post subject: Reply with quote

The pornstar that was busted was Almond Tease.
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Milwaukiedave



Joined: 02 Oct 2004
Location: Goseong

PostPosted: Thu Dec 23, 2010 5:32 am    Post subject: Reply with quote

GreenlightmeansGO wrote:
The pornstar that was busted was Almond Tease.


Are you sure about that? It doesn't sound familiar.
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